In The News

Tuesday, May 29, 2012


By Michael Nichols
Categories: Drunk-Driving

The Nichols Law Firm has uncovered alarming data which indicates that in April the
East Lansing Police Department experienced extensive problems with their evidentiary breathalyzer instruments (Datamaster or DMT). The data shows that instruments were replaced 4 times for various reasons and one instrument in particular has experienced multiple problems. 

The Nichols Law Firm obtained the information via the Freedom of Information Act and it contained all of the Datamaster calibration records for the month of April. Starting on April 10, instrument number 108009 replaced 940088, which was noted as “out of service.” The newly placed instrument, 108009, was then taken out of service and replaced with instrument 106809 on either April 20 or 21. Instrument 108009 was supposedly fixed and replaced 106809 for an unknown reason on April 28.    On May 3rd instrument 108009 again experienced problems and was again taken out of service. It is unclear at this point if the unreliable instrument 108009 is still in use.

The analysis provided by the Nichols Law Firm illustrates the importance of obtaining ALL of the information in any alcohol offense. If someone has been charged with an alcohol
offense they should understand the possible reliability issues associated with the Datamaster instruments and how the unreliability can be shown via the calibration logs. 


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Peer Recognition

Mike Nichols is a national leader in drunk driving defense. He is a member of the Forensic Committee and Michigan delegate to the National College for DUI Defense. He is also a Sustaining Member of the College. Nichols is also a founding member of the Michigan Association of OWI Attorneys; a member of the American Chemical Society; an associate member of he American Academy of Forensic Science, Adjunct Professor of Forensic Evidence in Criminal Law and OWI Law and Practice at Cooley Law School. He is also author of the West OWI Practice book and several chapters in other books on science and the law.

Mike Nichols is recognized by his peers in Michigan as a “SuperLawyer” in DUI/Criminal Defense. Nichols has also been asked to speak at conferences by groups such as the NCDD; Various Bar Associations in other states.